A former state trooper filed a sexual discrimination lawsuit this week against Delaware's largest police force after she said she was forced to retire because of a weight issue.

Deborah J. Jester, who'd risen to the rank of master corporal during her 16 years on the force, claims she was treated differently from her male counterparts when she fell out of compliance with the Delaware State Police's Weight Control Program.

Her attorney, Jeffrey K. Martin, said Jester, 46, was physically fit and passed her fitness tests, but she had an issue "with her body that was deemed to be non-compliant."

"There is sexual discrimination there because men are treated differently from women," Martin said. "In a way maybe they have to be, but the real thrust of it is lack of due process.

"She was treated as if she was an at-will employee. But in fact because she is a state employee, or a public employee, who's been working there for many years ... she had an expectation of continued employment which then gives her a property right in her position."

For any government authority to take away a property right, they have to provide due process and "she was not," he said.

State police said they have received the lawsuit, which was filed Wednesday in Wilmington's U.S. District Court.

"We are in the process of reviewing the details of the filing, but due to pending litigation we will not discuss the specifics of the case or provide details of the Delaware State Police Weight Monitoring Program, at this time," said Sgt. Paul Shavack, a state police spokesman.

Also named in the lawsuit were the state Department of Safety and Homeland Security and Lt. Joshua Bushweller, who served as the assistant director of human resources for state police.

Kimberly Chandler, spokeswoman for the state Department of Safety and Homeland Security, referred comment to state police. Bushweller could not be reached for comment.

Jester, among other things, is seeking a hearing before a neutral person, to be reinstated as a master corporal, as well as back pay, benefits and damages.

Jester had been stationed at Troop 5 near Bridgeville in April 2011 when it was determined that she was non-compliant with the department's weight control program, according to the 11-page court document.

The weight control program sets forth different standards for women than are provided for men with regard to the body fat percentages and required weight ranges, the lawsuit claims. Under the this process, the determination of the percentage of body fat is done by a measurement. Such measurements may differ based upon the location of the measurement and the person taking the measurement.

On April 5, 2011, Jester was given 90 days to comply with the weight and body fat requirements. But at the end of September 2011, Jester was deemed non-complaint. She was given another 90 days to comply and placed into "Phase 3," which left her unable to transfer, work extra duty assignments or seek other forms of part-time employment.

In an effort to become complaint, Jester had a series of hormonal implants, according to court documents. The hormonal pellets were inserted into her hip area on January 2012, April 2012 and July 2012. The pellets failed to increase her energy level needed to perform efficient physical workouts.

When she met with Dr. Sajjad Savul, the division's physician, Jester was diagnosed with a sleep disorder and referred to her primary care doctor. After going through sleep studies at Nanticoke Memorial Hospital, it was determined Jester had sleep apnea and that she required a continuous positive airway pressure breathing machine while she slept. She accuired the device and "regularly used" it.

She was granted a six-month exemption from the weight control program following her visit to Savul.

Recognizing her compliance difficulties, Jester sought another visit with the division's physician in November 2012. Her request, however, was denied by Bushweller, according to her lawsuit.

It was during that month that Jester was placed in "Phase 4" and she had 60 days to comply or else she may be "administratively separated from DSP ...."

On Feb. 22, 2013, Jester was given another 60 days to comply – taking her to May 18, 2013.

Jester made another request in March to be examined by Savul and again state police denied it, according to the lawsuit, which added police "believed that Jester had no further information to submit to the doctor."

She made another request to see Savul on May 13, 2013, and again was denied.

Five days later, Jester had a final measurement and was determined to be non-compliant. "The method of performing this measurement was different from earlier measurement tests," the lawsuit states.

She then "reluctantly submitted her notice of retirement noting that this notice of retirement was prompted solely by the finding of her non-compliance" with the weight control program and that she had several medical issues that prevented her from compliance with the weight control program.